The Anambra State Government announced on Tuesday its decision to withdraw from the lawsuit challenging the legality of the Economic and Financial Crimes Commission (EFCC)’s operations.
Through its Attorney General, Prof. Sylvia Ifemeje, the state informed the Supreme Court that it no longer wished to participate in the legal action originally initiated by Kogi State. The notice of withdrawal was dated October 20.
On the same day, Osun State, represented by its Attorney General, Mr. Oluwole Bada, sought to consolidate its case against the EFCC with that of Kogi State. Osun State informed a seven-member panel of the Supreme Court, led by Justice Uwani Abba-Aji, that it was seeking similar reliefs as those pursued by Kogi State.
Meanwhile, Sokoto State, which was previously included as a co-plaintiff, did not have any legal representation at the hearing on Tuesday. Other states present included Kogi, Kebbi, Katsina, Jigawa, Oyo, Benue, Plateau, Cross River, Ondo, Niger, Edo, Bauchi, Adamawa, Taraba, Ebonyi, Imo, and Nasarawa.
The Attorney-General of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi, SAN, appeared as the sole defendant in the case. The AGF did not oppose Anambra State’s request to withdraw from the case.
It is worth noting that 16 states had approached the Supreme Court to challenge the EFCC’s operations, arguing that the anti-graft agency was not validly established by the administration of former President Olusegun Obasanjo. The states claimed that the EFCC Act, enacted on December 12, 2002, did not comply with Section 12 of the 1999 Constitution, which requires approval from the majority of State Houses of Assembly.
The plaintiffs argued that the EFCC Establishment Act was not valid because it was not approved by the states before it was enacted by the National Assembly, and they cited a previous Supreme Court ruling (Dr. Joseph Nwobike Vs Federal Republic of Nigeria) that linked the EFCC Act to a United Nations Convention against corruption. They contended that, since the proper constitutional process was not followed, the EFCC should be considered an illegal institution in states that did not endorse it.
Kogi State, specifically, raised six questions for the Supreme Court to address and sought nine primary reliefs, including a declaration that the EFCC, the Nigerian Financial Intelligence Unit (NFIU), or any federal agency has no authority to investigate or interfere with the administration of funds belonging to Kogi State or its local government areas. It also requested a ruling that the Federal Government cannot issue directives or guidelines on the management of state funds through any of its agencies, including the NFIU.
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